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(a) A person commits battery in the second degree if:
(1) With the purpose of causing physical injury to another person, the person causes serious physical injury to another person;
(2) With the purpose of causing physical injury to another person, the person causes physical injury to another person by means of a deadly weapon other than a firearm;
(3) The person recklessly causes serious physical injury to another person:
(A) By means of a deadly weapon; or
(B) While operating or in actual physical control of a motor vehicle or motorboat if at the time:
(i) The person is intoxicated; or
(ii) The alcohol concentration in the person's breath or blood is eight-hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204; or
(4) The person knowingly, without legal justification, causes physical injury to or incapacitates a person he or she knows to be:
(A)(i) A law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while the law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility is acting in the line of duty.
(ii) As used in this subdivision (a)(4)(A):
(a)(1) “Code enforcement officer” means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation.
(2) “Code enforcement officer” includes a municipal animal control officer; and
(b) “Employee of a correctional facility” includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services;
(B) A teacher or other school employee while acting in the course of employment;
(C) An individual sixty (60) years of age or older or twelve (12) years of age or younger;
(D) An officer or employee of the state while the officer or employee of the state is acting in the performance of his or her lawful duty;
(E) While performing medical treatment or emergency medical services or while in the course of other employment relating to his or her medical training:
(i) A physician;
(ii) A person licensed as emergency medical services personnel, as defined in § 20-13-202;
(iii) A licensed or certified healthcare professional; or
(iv) Any other healthcare provider; or
(F) An individual who is incompetent, as defined in § 5-25-101.
(b)(1) Battery in the second degree under subdivision (a)(3)(B) of this section is a Class C felony.
(2) Otherwise, battery in the second degree is a Class D felony.
(c) As used in this section, “motorboat” means the same as defined in § 5-65-102.
Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-13-202. Battery in the second degree - last updated January 01, 2020 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-13-202/
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